Mina Sirkin

Mina N. Sirkin is a Certified Specialist Attorney in Estate Planning, Probate and Trust Law by the Board of Legal Specialization of the State Bar of California. Ms. Sirkin is a frequent speaker and a legal expert regarding major court cases for the media. For consultation appointments, or for speaking availability, pleae contact Karen Reyes at
818-340-4479.

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"Bynes, 28, remains under a temporary conservatorship that was reinstated on Monday, giving her mom Lynn Bynes control once again over her finances and medical decisions pending a hearing set for Feb. 24, 2015. And since a judge ruled also ruled at the time that it was the right thing to keep her hospitalized, why the quick about-face?

Mina Sirkin, an estate, probate and trust attorney in Los Angeles who's an expert regarding conservatorships, tells E! News that, after a hold is extended for 30 days (Bynes wasinitially admitted Oct. 10 on a 72-hour hold that was subsequently extended for 14 days), the patient "has a right to say why she should not be in an involuntary hold."

"She has the right to have her own expert psychiatrist testify as to why she should not be held against her wishes," Sirkin, who is not involved with Bynes' case, continued. "Mary Shea [Bynes' court-appointed attorney] is a very capable public defender. "She will hire the top psychiatrist to show that Amanda is not so impaired to need to be in a secured facility. She will display her as merely eccentric."

So, even though the hold was technically extended, Bynes had the right to argue her case and was released right not long after her two-week hold was supposed to expire.

"Under mental health rules, a person cannot be involuntarily held without a court order beyond the days the statute allows," Sirkin explained. "First, 72 hours, then 14 days, and then 30 days. At the 30th day, a hearing has to be set to keep her longer under the LPS [Conservatorship] rules."

"At the hearing, a psychiatrist has to testify as to why she remains gravely disabled, meaning that she is of either danger to herself or to others," Sirkin continued. "The conservatorship does not necessarily require hospitalization. Her mental state is what is in question [regarding] whether or not she needs to be in a secured facility against her wishes. What a Conservatorship over a person means: what a person can and cannot be forced to do. It appears they can't be forced to stay in an institution.

"Conservatorship of the person allows for the conservator to make medical decisions for her, but a locked-facility or secure-facility order require special circumstances of grave disability."

So between now and February...

"She will be out, unless she has another episode which requires her to go in under another 72-hour hold, called a 5150 hold," Sirkin said. "The spending issues are related only to the conservator of the estate and cannot affect the decision to release her."

Meanwhile, Bynes did not show up in court this afternoon, though her parents, Rick and Lynn, did with their attorney, as did a lawyer whom the judge ultimately refused to accept as Amanda's counsel, saying the actress turned fashion student lacked the capacity to form a contract (common conservatorship-related language).

..."

Mina N. Sirkin is a Los Angeles Conservatorship Attorney, and Board Certified Specialist Attorney in Probate, Estate Planning and Trust Law in Los Angeles, California. She can be reached at 818.340.4479 or by email at MinaSirkin@gmail.com.

2014.08.11

CNN --" Oscar-winning actor and comedian Robin Williams apparently took his own life at his Northern California home Monday, law enforcement officials said. Williams was 63.

"He has been battling severe depression of late," his media representative Mara Buxbaum told CNN. "This is a tragic and sudden loss. The family respectfully asks for their privacy as they grieve during this very difficult time."

Coroner investigators suspect "the death to be a suicide due to asphyxia," according to a statement from the Marin County, California, Sheriff's Office.

Williams married graphic designer Susan Schneider in Napa Valley, California, ceremony in October 2011. Schneider sent a written statement to CNN through the representative.

Comedic actor Robin Williams dies

Williams' wife: I am utterly heartbroken

"This morning, I lost my husband and my best friend, while the world lost one of its most beloved artists and beautiful human beings. I am utterly heartbroken.

"On behalf of Robin's family, we are asking for privacy during our time of profound grief. As he is remembered, it is our hope the focus will not be on Robin's death, but on the countless moments of joy and laughter he gave to millions."

President Barack Obama's statement sent from the White House summed it up:

"Robin Williams was an airman, a doctor, a genie, a nanny, a president, a professor, a bangarang Peter Pan, and everything in between. But he was one of a kind. He arrived in our lives as an alien -- but he ended up touching every element of the human spirit. He made us laugh. He made us cry. He gave his immeasurable talent freely and generously to those who needed it most -- from our troops stationed abroad to the marginalized on our own streets."

Comedian Steve Martin tweeted, "I could not be more stunned by the loss of Robin Williams, mensch, great talent, acting partner, genuine soul."

Former CNN host Larry King said he would remember Williams as "a genuine caring guy. Not just a funny man, but a guy who cared about people."

Marin County deputies responded to an emergency call from Williams' home in unincorporated Tiburon, California, at 11:55 a.m., reporting "a male adult had been located unconscious and not breathing," the release from the sheriff said.

Williams was pronounced dead at 12:02 p.m., it said.

Williams was last seen alive at his home, where he lives with his wife, at about 10 p.m. Sunday, the sheriff's statement said.

"An investigation into the cause, manner and circumstances of the death is currently underway by the Investigations and Coroner Divisions of the Sheriff's Office," the sheriff's statement said.

"Coroner Division suspects the death to be a suicide due to asphyxia, but a comprehensive investigation must be completed before a final determination is made......""